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  • #967662
    David458
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    Hello friendly forum people,

    It seems to me that the following clause is nonsense and invalid, but I am being advised to include it in my terms and conditions. A quick google search indicates that many companies include this clause.

    “The Client agrees that the Contractor may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Contractor notifies the Client of such change.”

    Regards,

    David

    #1028018
    Tracey Anne
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    Personally, I would never impose new terms and conditions on a client mid-project. I always include my standard T & Cs in my quotes, along with a statement that the quote/brief (inc. those terms) is valid for x no. of days.

    If dealing with a regular/repeat client I would advise them in advance of accepting further work that I was in the process of reviewing my terms.

    #1028019
    Jake@EmroyPrint
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    I think clauses like that are just to cover your ass, should the need ever arise.

    I don’t think it implies that you will be changing your term and conditions on a frequent basis.

    #1028020
    James Millar
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    A contract is simply an enforceable agreement between the parties to fulfill certain obligations that are specified in the contract. It seems pretty pointless to have a condition allowing complete flexibility to any party. It’s akin to saying…”we agree that at any time we can disagree and neither party will be in breach”. Therefore it’s not really an agreement / firm commitment.

    If your lawyer has advised you to do it then it may be just be an ambit type condition that has little or no actual enforceability under law. If that’s the case it may just be an attempt to prevent / discourage the other party from commencing any action or seeking legal advice.

    We regularly see conditions in contracts and agreements that are invalid and unenforceable under law – seems to be standard practice. There is no way I would sign a contract of any significance that contained such a condition.

    Helping build better businesses and better lives with expert financial and taxation advice. [email protected] www.360partners.com.au 03 9005 4900
    #1028021
    Avatar Consulting
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    Contracts are all just words, yet a single word can have different meanings depending on the context.

    Generally, if a professional and licensed contract lawyer says you should put it in your contracts, and you arent a lawyer why would you disagree with your own lawyer?

    If the lawyer is on the other side and telling you it is a standard clause, then;

    1. as a business owner it is responsibility to seek your own legal advice before signing any contract
    2. Negotiate your own terms and clauses where possible
    3. Get them to add specific information to the clause they recommend to make it more accountable

    In any case legal contracts are only useful if you intend on fighting for your rights after they breach it. If you arent prepared to take them to court and pay lawyers to defend your rights- what does it matter what they include in the contract on your behalf, you are accepting that you will do nothing if they break it.

    I would make them include a period of review times with that clause, for example; This contract can only be reviewed in the first week of every month and any changes have to be advised to the client no later than the 12th of every month by the end of business 5pm.

    As a business owner you are responsible to read and understand every contract term you sign and have less flexibility than a member of the public.

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